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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Nanik Prasetyoningsih
Muhammadiyah University Yogyakarta
Law, Crime, Criminology & Criminal Justice

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The Legal Politics of Restorative Justice in Indonesia Ahmad Nur Rohadi; Nanik Prasetyoningsih
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.4349

Abstract

Restorative Justice needs to be implemented immediately in Indonesia. Law Number 1 of 2023, which is expected to be an oasis, does not regulate this matter optimally. This article will discuss the ideal form of regulation for implementing restorative Justice in Indonesia. Implementing restorative Justice will include more than procedural or formal law. More than that, restorative Justice must cover all aspects of criminal law enforcement. It starts from material criminal law, procedural law, litigation dispute resolution, and non-litigation case resolution. This article will use normative juridical research methods and conceptual and statutory approaches. One of the important findings in this article is the absolute need for a paradigm shift in the enforcement and regulation of criminal law. From the initial nuance of retribution to a more nuanced recovery approach (restorative). Then therapeutic justice regulation must also be included in material criminal law regulation. So, it can be used as a guide for law enforcement officials in finding substantive Justice.
Res Ipsa Loquitur: Evidence in Civil Law and Islamic Law; Viewed from a doctrinal point of view windy virdinia putri; Muchammad Ichsan; Nanik Prasetyoningsih
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.4409

Abstract

In cases of suspected medical malpractice, it is tough to prove that there is an element of negligence because access to evidence is within or under the perpetrator's control, making it difficult for the victim to access it. In the legal field, the doctrine of res ipsa loquitur was introduced, which makes it easier for victims to prove who is guilty by showing indirect evidence, namely evidence of a fact or several facts from which a reasonable conclusion can be drawn. This research examines the application of res ipsa loquitur in terms of doctrine, civil evidence law, and Islamic law. This research is a literature study using a normative approach that refers to civil evidence law and Islamic law provisions. The legal analysis used is a conceptual, comparative and case study approach. This research found that applying res ipsa loquitur in judicial practice, as long as it is not regulated in procedural law, is a principle that becomes a source for judges to find the law. In civil evidence law, res ipsa loquitur can be implemented through presumptive evidence concluded by the judge. Meanwhile, in Islamic law, there are dalil (instructions) for qarinah, which are equated with presumptive evidence, so that res ipsa loquitur, which can be enforced through presumptive evidence, can also be enforced through qarinah evidence.
Analysis of Nuclear Law and Nuclear Power Plant Development Plans in Indonesia Gumilang Fuadi; Nanik Prasetyoningsih
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4410

Abstract

This research discusses Nuclear Law Analysis and Nuclear Power Plant Development Plans in Indonesia. The nuclear legal framework is an essential infrastructure in developing nuclear power plants in a country. This research aims to determine the current legal framework for nuclear power in Indonesia and examine the strengthening of nuclear law, which is needed as infrastructure for developing nuclear power plants in Indonesia. This research is normative or dogmatic, using conceptual, statutory and comparative approaches. Data collection techniques include conducting literature studies and searching for primary and secondary legal materials in this research. The results of the study show that the nuclear legal framework in Indonesia has been realized through various ratifications of international electricity legal instruments and national regulations through the Nuclear Energy Law (UUK) as the legal basis and various derivative regulations covering almost all aspects of electricity. . laws, including the mandate to build nuclear power plants in Indonesia. However, considering that UUK is over 20 years old and reflects the Fukushima Daichi nuclear accident, Indonesia's nuclear legal framework as nuclear power plant infrastructure needs to be strengthened. This strengthening covers the four pillars of nuclear law, namely safety, security, safeguards and liabilities, which can encourage the construction of the first nuclear power plant in Indonesia for energy independence and realizing net zero emissions with strict safety and security standards to achieve this goal. Protect citizens and the environment.
Co-Authors Ahmad Nur Rohadi Gumilang Fuadi Muchammad Ichsan windy virdinia putri